“Grandparent’s rights? A grandparent has no rights.” That’s the short answer, but like most short answers, that’s not entirely true.

Grandparent’s Rights And Getting Into Court

There are two parts to filing a family law suit involving children, whether you want to seek custody and have your grandchild live with you, or you just want to have regular visitation. The first is called “standing,” and it’s requirements that you have to meet before you can even file the lawsuit. Only if you get past the standing requirements can you look at the second part:  the facts of the case.  Then you can get in front of a judge.

Standing Required to Fight For Grandparent’s Rights

Family Code Sec. 102.003 has a list of general requirements for standing to file for custody. This covers filing what is called an “original suit”; this is if there are no other orders involving the child. A parent can always file an original suit. You can also file if you have had “actual care, control and possession” of your grandchild for at least six months, as long as the six months didn’t end more than 90 days before you file suit. That means that your grandchild lived at least primarily with you and that you were taking care of him or her on your own. If your child and your grandchild both lived with you, though, and the child’s parent is still taking care of him or her, though, that doesn’t give you standing. You can also file if you are “within the third degree of consanguinity,” which includes grandparents, aunts, uncles, siblings and cousins, if both of the child’s biological parents have passed before you file.

Grandparents or other relatives of the child have their own section on standing, in 102.004. This doesn’t require any time requirements, or for your child to have passed. One way is easy: both parents, one parent if there is only one, or whoever is otherwise the managing conservator of the child have to agree for you to file the suit. This sometimes happens whenever the parents raising the child actually need or want you to help, so they agree. The other provision under this section comes into play if you can prove to the judge that “the order requested (you having custody or visitation) is necessary because the child’s present circumstances would significantly impair the child’s physical health or emotional development.”

Just The Facts

So, is it true that there are “no grandparent’s rights”? Not exactly. But you have to have the facts on your side before you make your move, and you have to know the odds before you act. If your grandchildren are in serious danger, then you have to make your choice to act. If they’re not, then you have to work with what you have, and hope for the best.

ABOUT THE AUTHOR

Rebecca Griffin

Attorney and Counsellor at Law

Rebecca primarily practices in the family law area. She focuses her practice on defending the rights, property, and interests of those who are involved in divorce, custody problems, child support and domestic violence issues.

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Wrongful death is a claim in common law jurisdictions (where the law is developed by judges through decisions of courts and similar tribunals, as opposed to statutes or regulations) against a person who can be held liable or responsible for a death. Under common law, because the deceased person cannot bring suit, there is a loophole in which activities that resulted in the person’s death may be prosecutable.

The burden of proof (the obligation of a party to prove its allegation) in a wrongful death case is typically a preponderance of the evidence (more likely true than not) as opposed to clear and convincing (highly and substantially more probable to be true than not) or beyond a reasonable doubt (proof of such a convincing character that you would be willing to rely and act upon it without hesitation in the most important of your own affairs).

Due to the lessened burden of proof, it is often easier for family to seek retribution against someone who kills a family member through tort (a civil wrong) than a criminal prosecution. It is important to note that the two causes of action aren’t mutually exclusive. Because the state may pursue the motorist in criminal court, you may still pursue the motorist in civil court, too.

Wrongful death is also the only recourse available in the United States when a company, rather than an individual, causes the death of a person. It can be difficult to file suit against a company, especially if the company is large, as they are generally well protected with contracts and staff attorneys. That is why it is particularly important to speak with an attorney as soon as possible after losing a family member.

ABOUT THE AUTHOR

Dominic Braus

Attorney and Counsellor at Law

Dominic primarily practices in the areas of civil litigation and personal injury. He focuses his practice on defending the rights, property, and interests of those who have been injured by the actions of others.

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You open the mailbox and there is it – the dreaded jury summons. It seems that no one looks forward to serving on a jury. Let’s be honest, most people don’t have time to spend days away from work. However, having citizens to serve on a jury is an essential part of our justice system. It may feel like a burden, but it is an honorable responsibility. Perhaps some of the apprehension felt before reporting to jury duty is due to an unfamiliarity with the process. This article is an attempt to give an overview of what to expect when called for jury duty.

Jury Duty in McLennan County

To start with, you want to make sure you are really needed. In McLennan County there is a number listed on your summons that you can call and make sure you need to report. If your summons number is high enough, you may not be needed. If you do have to report, read on:

When you arrive at the courthouse, you will go to the courthouse annex along with everyone else summoned. There will be some initial determinations made as to who is able to serve and who is not. If you are part of the group who is excused from jury duty, you will bring that to the attention of the court.

You may be excused from jury duty if you:

• Are over 70 years of age?
• Do you have legal custody of a child under 10 years of age and jury duty would leave the child unsupervised?
• Are a student registered in class?
• Are you an officer or employee of the Texas Senate, House of Representatives or department, commission, board office or other agency in the legislative branch of government?
• Are you the primary caretaker of a person who is unable to care for themselves (an invalid)?
• Are you a member of the U.S. military on active duty and deployed away from your home station and out of your county of residence?
• Can show a physical or mental impairment or an inability to comprehend or to communicate in English?
• Have served as a juror during the 24-months preceding the date you are required to appear?

Falling into one of these categories doesn’t mean you can’t serve, it just means you are allowed to ask to be excused from jury duty. Note that difficulties being away from work are not on the list. You may have the chance to ask the judge to dismiss you based on your work schedule, but the judge does not have to let you go.

If you are not excused, then you will be assigned to a court. The 5 District Courts in McLennan County each have cases where 12 jurors are required. In the 2 County Courts, only 6 jurors hear each case. You will likely be asked to report to the courtroom for jury selection (voir dire).

Jury Selection (Voir Dire)

Voir dire is the process of choosing the 6 or 12 people to sit on the jury out of the panel. The size of the panel depends on the court and the nature of the case. During voir dire you will be asked questions by the attorneys and sometimes by the judge. The answers you give during voir dire must be truthful. You may learn the nature of the case to be heard, but you will not be informed of any of the facts of the case.

The voir dire process will normally last from one hour to several hours. In a capital murder case, the process can last for many days or weeks. Generally you will get through voir dire and into the presentation of the case on the same day. During voir dire the attorneys will be asking questions to try and determine the best jury for that particular case. The attorneys are trying to figure out if anyone on the panel will have a hard time being fair to either side of the case. For example, if the case is about drunk driving, someone who recently lost a family member in a drunk driving accident may not be able to be fair to the defendant. There is nothing wrong with having a hard time being fair in a particular type of case, but it is important that the people who sit on a jury are those who can be impartial until they have heard all the evidence.

Once the attorneys have asked all their questions, everyone on the panel will be asked to leave the courtroom. The attorneys will tell the judge which members of the panel they wish to strike “for cause.” This means that the attorney has reason to think that person will not be able to be fair or be able to follow the law. Sometimes a person is called back into the courtroom to answer questions to clarify their position. After all the strikes for cause have been made, the attorneys are able to strike a certain number of panel members for any reason they wish, outside of any discriminatory reasons. These are called preemptory strikes. Once the court has accepted all the strikes, the panel is called back in. Then those who have been accepted onto the jury will be named and all the rest will be free to go. After the judge gives a long list of instructions to the jury, the trial will begin.

 Getting Out of Jury Duty

A note for those who do not wish to serve jury duty: Talk. The strikes made by the attorneys are based on the answers given during voir dire. If someone sits on the panel and does not give any answers, the attorneys will have no reason to strike that person. If you answer enough questions then chances are you will say something that makes one side want to get rid of you.

ABOUT THE AUTHOR

Shannon Brandt

Attorney and Counsellor at Law

Shannon primarily practices in the areas of business law and estate law.  She focuses her practice on small businesses and how she can help them with their unique situation.

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What happens when someone starts thinking about ending their marriage? Usually the thought process occurs when something traumatic has happened – such as discovering your spouse has been involved in an affair.  So, now divorce is on the table and you are attempting to gather your thoughts and compile any documents and information that may be needed.

There are different ways to approach dissolving a marriage and many things to think about while going through it.

 Residency requirements

There are usually residency requirements.  Family law is a matter of state law and you must be a legal resident of the state where you file.  In Texas, a person is required to reside in the county in which they file in for ninety days and to reside in the state of Texas for at least six months.

Grounds for Divorce

Most states allow you to file for divorce based on certain grounds.  These grounds are the reasons for ending the marriage, and in many cases a divorce can be based on  insupportability or “irreconcilable differences” which basically means that you and your spouse can no longer continue in your marriage and just can’t get along.  This is considered a “no fault” ground for ending the marriage.  Other fault based grounds include:

1. Cruelty
2. Adultery
3. Conviction of a Felony
4. Abandonment
5. Living Apart
6. Confinement in a Mental Hospital

Contested or Uncontested – What’s the Difference?

Sometimes both persons in a marriage are able to agree on how to handle marital issues such as debts and assets without the court’s intervention. This is what is considered an uncontested divorce.

Other times, the parties can’t agree or reach an agreement on those issues, or one person wants the divorce and the other doesn’t – this is a contested divorce and the court (or a jury) would make decisions on those marital issues for the parties.

Do-It-Yourself vs. Represented

Parties can opt to either hire attorneys to represent themselves (this is called “pro se”). It is  a pro se divorce when you attempt to represent yourself instead of having an attorney represent you.  Some people attempt to move forward pro se to save money.  If you represent yourself pro se then one or both spouses must prepare pleading (the paperwork to start the law suit) and file it with the court.  Some people can get the necessary documents on-line, with software or a web-based (on-line) service that helps them complete the necessary papers, forms, and documents that are required for filing with the court.  A pro se divorce can be either contested or uncontested and either party can hire an attorney at any time before or during the court case.  If an attorney is involved on either side, the person represented by the attorney will be working directly with their attorney on everything that is needed for their divorce.

Documents That May be Necessary

There are various types of information that will be or could be required throughout the case.  Some of the financial documents that may be necessary include the following:

1. Tax Information – Federal, state and/or local income tax returns for the last five (5) years, including W-2’s and 1099’s from both parties
2. Income Information – Paycheck stubs from the past six months;
3. Banking Information – Statements of any kind of financial institution – checking, savings and money market accounts, certificates of deposit, mutual funds, annuity accounts;
4. Real Estate Information – Any and all real estate records including property purchased prior to and during the marriage and any sort of financial documentation related to the property including the promissory note, the mortgage, most recent statement from the lender showing the balance due, any appraisals on the property and the most recent tax bill available;
5. Personal Property Information – Any documents regarding any personal property including type of vehicle including cars, motorcycles and boats, furnishings, collectibles (such as art, coin or stamp collections)- this includes titles;
6. Retirement Information – Any documentation regarding retirement plans, annuities, stocks, bonds, pensions and/or profit sharing plans, medical savings accounts, whole life insurance policies, trusts.
7. Military Information – It is always best to show any awards letters for military retirement, disability, etc. as the amounts will be needed to show when accrual started and the amount actually received.
8. Debts – Records of any debts including those from credit cards, vehicle loans, mortgages and home equity loans, promissory notes, student loans and any other loans of any kind.
9. Business Documentation – if a spouse owns their own business, all initial business documents including but not limited to partnership documents, financial accounts, by-laws and tax statements.

Divorce can be extremely complicated and confusing, a family law attorney can help. Each case and its circumstances are completely unique and may require very different paperwork, information and supporting documents.  If you need any assistance, or have any questions, please do not hesitate to contact a family lawyer.

ABOUT THE AUTHOR

Carmen Smith

Attorney and Counsellor at Law

Carmen primarily practices in the areas of criminal defense, juvenile law, and family law. She is a member of the McLennan County Juvenile Drug Court.

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However, due to the unique features of a motorcycle, motorcyclists often find themselves facing unique problems on the road that other drivers do not. While this should mean that other drivers and parties, such as municipal bodies, should take extra care when it comes to their responsibilities pertaining to motorcyclists, this does not necessarily happen. In fact, the number of fatal accidents involving motorcyclists has risen in the past few years, whereas this number has decreased for drivers of other vehicles.

Although motorcycle accidents can occur because of an action or decision made by a motorcyclist, such as failing to be properly outfitted with protective gear or failing to abide by certain traffic and road rules, a number of these types of accidents are caused by the negligent or reckless behavior of other drivers. As such, a number of motorcyclists and their families find themselves pursuing legal action against the party responsible with the help of a personal injury lawyer. Some common problems that motorcyclists face on the road that are typically caused by another party include the following:

• Road Defects – while any motorist can be involved in an accident caused by a road defect, such as missing guardrails, lack of necessary signs, or water pooling, motorcyclists are often particularly susceptible to the repercussions that road defects tend to have. For example, potholes that cause only minor bumps for other vehicles can potentially cause a motorcyclist to lose control over his or her vehicle, causing a severe accident. In such a situation, if a municipal body was careless in addressing this road issue in a timely manner, they may be considered to be at-fault for the accident.
• Lack of Visibility – because motorcycles are much smaller vehicles, other drivers often have much more difficulty seeing them. Whether hidden by a larger vehicle or partially concealed by inclement weather, this increased difficulty in seeing motorcyclists often causes devastating accidents. However, when these accidents are caused by another person not properly checking their surroundings, that party can possibly be held liable.
• Lack of Protection – the lack of a surrounding metal shell around motorcyclists, something which all other drivers have, can both cause accidents to occur and intensify the effects of accidents. Something which would be a minor bump between other vehicles or a small fender bender could become a major accident that causes a motorcyclist severe injuries. Thus, when drivers fail to take extra precautions when driving near motorcycles, they could be responsible for causing a serious accident.

Despite these and other unique problems or potential issues that motorcyclists face on the road, driving a motorcycle shouldn’t have to be dangerous. Unfortunately, other drivers often make this the case for motorcyclists, even the most prepared and skilled ones.

Latest McLennan County Grand Jury Indictments

1. True or False?
   1. _______ Only the employees of a corporation can be held liable for the criminal activity of a corporation.
   2. _______ Directors of a corporation are always compensated.
   3. _______ Shareholders owe a fiduciary duty to the corporation.
   4. _______The president is the head of the board of directors.

1. A ________________________________ corporation is a corporation whose shares are traded in a securities market, such as the New York Stock Exchange.

1. A ________ corporation is taxed like a partnership.

1. ______________________________________ is when a court ignores the corporate entity and holds the shareholder personally liable.

1. _________________________________ are elected by shareholders.

1. A corporation is owned by the _________________________________.

1. Directors owe a duty of ____________________________ to the corporation.

1. Officers owe a duty of ____________________________ to the corporation.